The Theory Of Effective Defense And The Improvement Of Defense System In Our Country

Effective defense has broad sense and narrow sense,the generalized effective defense requirements criminal suspects,defendants and lawyers have not only fully effective advocacy,also calls for protection of right to exercise the judicial system,sound,for example,the lawyer's legal aid system,security system,a lawyer quality control system and so on;Narrow effective defense attorney for the accused man was asked to give loyalty,industrious legal services and guarantee procedural rights of criminal suspects and defendants from undue invasion,ensure the realization of a fair trial.The concept of effective defense and ineffective defense is not opposite,ineffective defense is the lawyers don't due diligence behavior of negative evaluation,and cancel the original judgment in the form of litigation will happen the legal consequences.After we amend the criminal procedure law of our country in 2012,has made significant progress in defense system,not only the defense lawyer can be involved in the proceedings in investigation phase,and perfect the defense lawyer's right of meeting,reading power,communications,power,strengthened the practice of lawyers,to expand the scope of legal aid.The effective execution of the criminal suspect or the defendant the right to defend,can not only restrict state power,prevent the abuse of power,and can protect the personal rights and property rights from infringement.In the process of the entire criminal proceedings,criminal suspects and defendants the right to apply for withdrawal,to use their native language in litigation rights,was arrested by inform the reason of the rights of all is derived by the defendant,other rights in the criminal proceedings are closely associated with the right to defend,to the criminal suspect or the defendant is the precondition of its a fair decision.By studying the foreign system,and the content of the contrast of the right to defense on part of the international standard,can be found that the defense system of our country still exists many problems,such as the investigation stage of advocacy is limited,trial defense quality is not high,a lawyer's practice security system is not sound and so on.But ought to be sure,in the criminal lawsuit of our country respect and protect human rights under the guidance of the task has been a big step forward.Should defend the existing system in our country,on the basis of generalized effective defense theory as guidance,referring to the effective defense ofAnglo-American law system and continental law system,we will continue to improve the defense system of our country.